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… a second time and denied it. She appealed the Board's determination to the OAL as a contested case on March 2, 2012. … capricious, or unreasonable, or that it lacks fair support in the record." Ibid. (quoting Herrmann, 192 N.J. at … "bound by an agency's interpretation of a statute or its determination of a strictly legal issue . . . ." Ibid. …
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… but allowing the results from the second draw. The judge supported that ruling with a written opinion. The motion … the warrant judge determined that there was probable cause supporting the search and the motion judge independently …
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… respondent and the real party in interest. 6 A-0620-19T1 determination, the judge determined the parties had agreed to … because the Agreement implicates interstate commerce. To support his position, defendant argues he is a resident of … waived defendant's right to seek relief in that forum. To support his contention, plaintiff attempts to advance a …
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… Defendant then moved into plaintiff's house with her two children in 2017. Plaintiff testified he "tried to be a … and he "lend[ed] [defendant] money all the time" to support her and her children. In March 2019, they separated … in its decision and thus, without further findings, its determination to issue an FRO was a misguided exercise of …
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… a purported canine behavior expert, furnished a report in support of plaintiff's claim that defendants were negligent. … established a standard of conduct which violation could support a claim for negligence. 408 N.J. Super. 83, 105 …
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… that neither man purchased anything while inside the store" supported the officer's deduction that he witnessed a CDS … pocketing a small unknown object supported the officer’s determination that a drug transaction occurred); see also … to conceal an object is a factor in probable cause determination). The incriminatory nature of the object was …
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… from ICPC funds for school tuition for [his] three . . . children." The complaint alleged "mismanagement of and/or … 6 A-4327-18T2 submitted by Mazooz Sehwail and/or [wife] in support of their claim; all correspondence between NJM and … to prove or disprove any fact of consequence to the determination of the action." See N.J.R.E. 401. …
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… filed a motion in opposition to plaintiff's motion and in support of their cross-motion to enforce the settlement. In … the record and set forth specific findings of fact to support its decision, we need not address defendants' second …
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… JUDGE FAILED TO APPROPRIATELY CONSIDER MR. WOOLLEY'S CHILDHOOD TRAUMA AND MENTAL HEALTH DISEASES AS A MITIGATING … health and 12 A-1603-18T4 traumatic episodes of his childhood. In particular, defendant argues the court was … of his or her sentencing deliberations, mitigating factors supported by credible evidence. State v. Case, 220 N.J. 49, …
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… the additional robbery convictions. Defendant provides no support for the assertion that the two additional robbery … only when: 1) a defendant establishes a prima facie case in support of PCR, 2) the court determines there are disputed … We disagree as defendant's arguments are factually unsupported by the record and legally meritless. 10 …
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… 1990). However, we add the following remarks. Factual determinations "made by the trial court sitting in a non-jury … judge unless we are convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant … that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence. …
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… standard; it 'will uphold the PCR court's findings that are supported by sufficient credible evidence in the record.'" … this strong presumption, and its conclusion is adequately supported. The heart of defendant's theory is that his two …
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… his weighing of the sentencing factors was reasonable and supported by credible evidence in the record. See Pierce, … the elements of the relevant offense in making that determination. State v. Fuentes, 217 N.J. 57, 74-75 (2014). … There was no abuse of discretion in the judge's determination that based upon the nature of the offense 12 …
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… of sexual assault, endangering the welfare of numerous children, and related offenses. On March 27, 2014, the trial … and a challenge to the sufficiency of the evidence that supported defendant's conviction under the indictment's … IAC claims involves matters of fact, but the ultimate determination is one of law." State v. Harris, 181 N.J. 391, …
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… the conduct of the other alleged conspirator. This jury determination was based upon their evaluation of the … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the … assertions" of deficient performance are insufficient to support a PCR application. Ibid.; see also State v. Porter, …
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… CONST., AMENDS. V, XIV[.] In reviewing a trial judge's determination regarding whether to admit or suppress a … defer to the judge's factual findings so long as they "are supported by sufficient evidence in the record." State v. … and voluntariness turn[s] on factual and credibility determinations, we need only find sufficient credible evidence …
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… TO THE [JUDGE'S] IMPROPER RULING. Our review of a judge's determination to commit an individual is "extremely narrow," … of 6 A-3246-19 R.F., 217 N.J. 152, 175 (2014). A judge's determination should not be disturbed if the judge's findings are "supported by 'sufficient credible evidence present in the …
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… trial judge's decision, provided that those findings are "supported by sufficient credible evidence in the record." … issue. Even so, we conclude that the record does not support a finding that defendant's failure to utilize his …
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… provided the court with certifications and documentation supporting the court's calculations of damages and the final … 4:50-1. We give substantial deference to a trial court's determination of a motion to vacate a default judgment and … no abuse of discretion 13 A-1493-19 in the court's determination that defendants did not present a meritorious …
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… Cir. 1996)). Frankly, both parties have made arguments that supported the trial court's damages formula when it helped … considered in the damages formula. At that point, defendant supported the formula that it argued against in the previous …